Joe O'Toole (Independent)

This Bill will change the functions of the commission. It is important to state on the record of the House why those functions are the way they are. When the commission was established, I wanted it to have wide-ranging powers to deal with all the issues raised by Senator White. I gave the example of the New Zealand Parliament, where the commission has control not only of the workings of the Parliament but the operation of the Chambers. I put it to a vote and lost. This is why I am sensitive on the point of the commission being asked to deal with issues over which it has no control.

For the record of the House, I am holding a copy of the Order of Business for 19 December 2003. No. 1, listed in Irish and English states:

That Seanad Éireann, in accordance with section 8(3)(b) of the Houses of the Oireachtas Commission Act 2003, appoints the Ordinary Members of the Commission as follows:

Senators Jim Higgins, Martin Mansergh and Joe O'Toole.

This was proposed by the Leader of the House and agreed to by the House at that time. People had certain difficulties which were raised on another occasion, but this was decided by the House and is on the record of the House. Sometime later, Senator Higgins was replaced, by order of the House following a motion, by Senator Ulick Burke.

It is very important that nothing be left on the record of the House that gives the impression that there was some subterfuge involved here. It was done openly after due debate with all parties. Not everybody might have been happy, but this is the way it was done.

One of the issues we are not allowed to deal with is salaries, which was considered to be a matter for the Department of Finance. It was considered that for us to deal with this issue would undermine the entire national agreement structure and public service negotiations. Everybody, including me, agreed with this and I had a major input into that debate. The commission also had to get approval from the Minister in respect of making appointments. Everything that has happened has taken place in the structure that was within the Bill from the very beginning. The functions have now been extended to include translation, but otherwise, for the record of the House, every part of this was discussed at some length.